General Terms and Conditions
This is a courtesy translation. The legally binding version is the German original at carstensachse.de/agb/.
As at: 06.08.2021
1. General
1.1 These General Terms and Conditions (GTC) apply to all offers and services relating to www.carstensachse.de. If the customer refers to the inclusion of their own terms of business or purchasing terms, these are hereby contradicted.
1.2 Individual contractual agreements take precedence over General Terms and Conditions.
2. Formation of the Contract
2.1 The service descriptions on the internet pages do not yet constitute offers to conclude a contract. Such an offer is only made by the customer's order. The confirmation of receipt of the order subsequently sent by Carsten Sachse (hereinafter referred to as the Provider) does not yet constitute acceptance of this offer. The contract is only formed upon receipt of the access data (declaration of acceptance). The customer is no longer bound by their offer (it lapses) if we have not transmitted the declaration of acceptance to them within 5 calendar days (counted from the receipt of the order by us).
2.2 If a declaration of acceptance that reached the customer late was sent in such a way that it would have reached them in good time with regular delivery, and the customer should have recognised this, then the customer must notify us of the delay without undue delay after receipt of the declaration, unless this has already happened beforehand. If the customer delays sending the notification, the acceptance is deemed not to be late. Otherwise, late acceptance by us is deemed a new offer to conclude its contract, which the customer can accept by express declaration of acceptance or by accepting our services.
2.3 Domain names relating to the services booked by the customer or to the storage space made available to the customer are registered by the Provider with the respective registration authority for the customer.
3. Choice of Law
The law of the Federal Republic of Germany applies to the contractual relations between the parties to the purchase contract.
4. Essential Features of the Service
4.1 The description of the service results from the presentation on the internet at www.carstensachse.de. The IP addresses required for the services booked by the customer remain the property of the Provider and may be changed by the Provider, which will be communicated to the customer as early as possible.
4.2 The customer can only assume the availability and assignment of the domain name they desire once the registration authority has confirmed this to the Provider. Any liability and warranty on the part of the Provider for the assignment of ordered domain names is excluded, except in cases of gross negligence and intent.
4.3 If the customer uses technical support services of the Provider that are not included in the support for the services booked by the customer or the storage space made available to the customer, these will be billed separately according to the Provider's effort.
4.4 For statistical purposes, log files are stored on the customer's web space. These require parts of the storage space made available to the customer and may be deleted at regular intervals determined by the Provider. The customer can retrieve the log files from the server. However, an evaluation of the log files is carried out only by the Provider, namely for the exclusive purpose of communicating statistical information to the customer. Any storage or use beyond this by the Provider is excluded. The customer is not entitled to delete or modify the log files.
4.5 The service undertaken by the Provider is generally guaranteed throughout the entire contract term. Excluded from this are times in which the server cannot be reached online due to technical or other problems that are not within the Provider's sphere of influence (e.g. force majeure, fault of a third party).
4.6 Subscriptions
For carstensachse.de we send you an invoice monthly by email under the agreed conditions. You must provide a valid credit card or SEPA data in order to pay for the service. You authorise carstensachse.de to charge the card for the recurring subscription. You hereby give us permission to activate the payment processing (credit card, SEPA) in order to process your submitted payment.
5. Contract Terms
5.1 The contracts concluded by us have (subject to the special provisions in clauses 5(2) and 5(3)) a term of 1 month and are extended by a further month at a time, unless a notice of termination has reached the Provider at least 2 weeks before the end of the contract term.
5.2 In the case of domain registrations, the Provider informs the customer, depending on the stipulations of the registration office, which term (12 to a maximum of 24 months) is possible. Contracts for domain registrations are extended by the term last agreed in each case, unless a notice of termination has reached the Provider at least 3 months before the end of the contract term.
5.3 The parties agree, as a formal requirement for all terminations, (exclusively) text form by email; this is to be directed to: me@carstensachse.de
6. Prices and Payment
6.1 The prices are based on the respectively valid and current price lists of the Provider, which are communicated to the customer via the website or in another manner upon conclusion of the contract. The remuneration includes the value-added tax (VAT) valid at the time of the order.
6.2 Due to the small-business status pursuant to § 19 UStG (German VAT Act), we do not charge value-added tax and therefore do not show it.
6.3 The customer must pay the respective invoice amount in advance upon receipt of a corresponding invoice.
6.4 At the conclusion of contracts, we offer the following payment options:
- Credit cards: Visa, American Express, Mastercard
- SEPA
6.5 The customer must pay the Provider's invoices within 3 calendar days of receipt. In the event of default in payment, the Provider is entitled to block access to the services booked by the customer or the storage space made available to the customer until receipt of the outstanding amount, or to terminate the contract without notice. In addition, the Provider is entitled to claims for damages in the event that the customer defaults in payment.
6.6 In the event of termination of this contract without notice, there is no claim to an offset or refund of the fee paid; rather, the customer remains fully liable to pay the charges that have already become due or will still become due at the time of termination.
6.7 In the event that claims are handed over to a debt-collection company for recovery due to the customer's default in payment, the following extended advance-performance obligation is agreed for contracts with quarterly billing: upon handover to the debt-collection company, the Provider is entitled to switch the contract concerned to annual billing. In this case of default (relating to one or more quarterly payments), the customer must then pay the respective annual amount still outstanding in advance upon receipt of a corresponding invoice.
6.8 The customer receives an invoice by email for the payments to be made.
7. Further Distance-Selling Information, in Particular on the Right of Withdrawal
7.1 The description of the services results from the presentation on the internet at www.carstensachse.de.
7.2 The instructions on your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, and the consequences of withdrawal can be found on our website under the menu item „Widerrufsbelehrung“ (Withdrawal Instructions).
7.3 The right of withdrawal thereafter expires before the end of the withdrawal period if the Provider has fully rendered the service and has begun performance of the service only after the customer has given their express consent to the rendering of the service and at the same time confirmed their awareness that they lose their right of withdrawal upon full performance of the contract by the Provider.
7.4 The services are rendered at the latest within 5 working days (Monday to Friday, excluding public holidays) after issuing the payment order to the transferring credit institution (in the case of advance payment) or after conclusion of the contract (in the case of cash on delivery or payment by invoice).
7.5 We do not provide any customer services, in particular no after-sales service, and we ourselves grant no guarantees.
7.6 There is no out-of-court complaint or redress procedure to which we are subject.
7.7 All further information about our company, the offer, and the handling of the contract results from the presentations on our website.
8. Information on Electronic Commerce
8.1 For technical steps to conclude the contract, see the explanations in clause 2 above.
8.2 Correction Option
The customer can correct their entries at any time during the ordering process by selecting the „Back“ button in the browser and then making the appropriate change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview before submitting the online order also offers an additional correction option, of which the customer is informed.
8.3 Language
The exclusive contract language is German.
8.4 Code of Conduct
The Provider has not subjected itself to any special code of conduct (set of rules).
9. Customer's Consent and Assurance Regarding Email Communication
The Provider is entitled to send all information and declarations of intent relevant to the respective contractual relationship to the email address provided by the customer. The customer assures that they will regularly check this for new messages.
10. Data Security
10.1 The Provider carries out backups of the content at regular intervals and guarantees the exclusive use of this data for system recovery, e.g. after system crashes, hacker attacks and hardware defects. However, the Provider assumes no warranty for the timeliness of the data, since this may change between several backups at the customer's instigation. With regard to the timeliness of the data relating to the services booked by the customer or the storage space made available to the customer, the Provider is not responsible for data backup. Insofar as data is transmitted to the Provider, the customer must make backup copies themselves.
10.2 The Provider issues the customer a login name and a login password for access to the services booked by the customer or the storage space made available to the customer. The customer is obliged to protect the access data against misuse or unauthorised use. The Provider is not liable, except in cases of gross negligence and intent, for damages based on unauthorised use or misuse of the password.
11. Customer's Obligations, Published Content, Protective Rights, etc.
11.1 The customer assures that the data provided by them is correct and complete. They undertake to inform the Provider without undue delay of changes to the communicated data.
11.2 The customer indemnifies the Provider against all claims of third parties with regard to the published data or the domain chosen by the customer. When transmitting the data, the customer must observe the copyrights, usage rights, industrial property rights, and other protected rights of third parties.
11.3 The customer assures that they will not use the booked services or the storage space made available to store or distribute obscene, pornographic, threatening, defamatory, immoral or criminal information. Insofar as the customer nevertheless offers such content, the Provider is entitled to terminate the contractual relationship without notice. In addition, the Provider is entitled in such cases to block the services booked by the customer or the storage space made available to the customer immediately without notice.
11.4 The customer undertakes not to infringe any industrial property rights, name rights or other rights of third parties with their offer and the choice of their domain. Insofar as the Provider nevertheless detects such infringements, it is entitled to terminate the contractual relationship with the customer without notice. Furthermore, the Provider is entitled in such cases to block the services booked by the customer or the storage space made available to the customer immediately without notice.
11.5 The customer is obliged to publish a provider identification (Anbieterkennung) on the websites they offer that complies with the statutory regulations.
11.6 The Provider reserves the right to block the customer's offer immediately if the customer installs programs or content on their web space that can impair the operation of the server.
11.7 The customer undertakes not to send any advertising emails via the booked services or the storage space made available without the prior express consent of the addressee of the contacted email recipients. If the Provider detects a violation (§ 7(2)(3) UWG — German Act against Unfair Competition) against this, it is entitled to terminate the contractual relationship with the customer without notice.
11.8 The right to terminate the contract without notice and to block the services booked by the customer or the storage space made available to the customer is also generally available to the Provider insofar as the customer has allowed third parties to use them and these cause violations of the type described in the preceding paragraphs.
11.9 The customer undertakes to protect their passwords against access by third parties and to inform the Provider without undue delay as soon as they become aware that unauthorised third parties know the passwords. In the case of unauthorised use by third parties, the customer is liable for any misuse up to the point at which they requested the Provider to block access, unless the customer is not responsible for the misuse.
11.10 The customer undertakes not to operate any programs and scripts on the server that persistently disrupt server operation.
11.11 So that products with free data transfer can be offered in the long term, customers undertake to fair use, i.e. that excessive use is avoided (e.g. mass mailing, download pages, torrent, etc.).
12. Liability and Damages
The Provider does not guarantee that the services booked by the customer or the storage space made available to the customer are suitable for a specific service or specific software or are permanently available (regarding the scope of availability, see clause 4(5) of these GTC). The Provider's service consists of providing the services booked by the customer or the storage space made available to the customer. The Provider assumes no liability for disruptions within the internet. Furthermore, the Provider assumes no liability for damages or consequential damages caused directly or indirectly by the services booked by the customer or the storage space made available to the customer, except in cases of gross negligence and intent.
13. Copyright Notice
The photos posted on the Provider's internet pages and the texts created from these are protected by copyright. The unauthorised copying and publishing thereof (even in part) is prosecuted under criminal and civil law in accordance with § 97 UrhG (German Copyright Act).
14. Place of Jurisdiction
For all mutual disputes of the contractual partners arising directly or indirectly from the contractual relationship, the exclusive place of jurisdiction is determined by the registered seat of the Carsten-Sachse.de company, insofar as the contractual partners are merchants, legal persons under public law, or special funds under public law.
15. Severability Clause
Should individual provisions of the contract with the customer, including these GTC, be or become wholly or partially invalid, or should the agreements contain a gap, the validity of the remaining provisions shall not be affected thereby.